Rape is redefined in gender equality terms by eliminating consent, an intrinsically unequal concept, and reconceiving force to include inequalities. International developments recognizing sexual assault as gender crime reveal domestic law’s failures and illuminate a path forward. A statutory proposal is offered.
Kevin Reitz discusses the Model Penal Code: Sentencing project and how it tackles the problem of correctional overcrowding, not just in prisons, but in all criminal sanctions.
In this video, Reporter Tom Baker and Associate Reporter Kyle D. Logue discuss the Restatement of the Law, Liability Insurance, project and the interest it has generated.
In an opinion filed on August 3, 2016, the Texas Court of Appeals reinstated state court jurisdiction in an Indian Child Custody Dispute.
In this video, Project Reporter Stephen Schulhofer and Associate Reporter Erin Murphy discuss the project and the complexity of defining consent.
In this recently published article, project Reporters Matthew Fletcher and Wenona Singel explore the history of the role of Indian children in the formation of the federal-tribal trust relationship. This piece comes as constitutional challenges to the Indian Child Welfare Act (ICWA) are now pending. The Reporters conclude the historical record demonstrates the core of the federal-tribal trust relationship is the welfare of Indian children and their relationship to Indian nations.